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"Law-Great Britain-History"
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The Trouble with Ownership
2011,2005
Copyright and intellectual property issues are intricately woven into any written work, but the precise nature of this relationship has plagued authors, printers, and booksellers for centuries. What does it mean to own the products of our intellectual labors in our own time? And what was the meaning three centuries ago, when copyright laws were first put into place? Jody Greene argues that while \"owning\" one's book is critical to the development of modern notions of authorship, studies of authorial property rights have in fact lost sight of the most critical valence of owning in early modern England: that is, owning up to or taking responsibility for one's work. Greene puts forth what she calls a \"paranoid theory of copyright,\" under which literary property rights are a means of state regulation to assign responsibility for printed works, to identify one person who will step forward and claim the work in exchange for the right to reap the benefits of the literary marketplace. Blending research from legal, historical, and literary archives and drawing on the troubled authorial careers of figures such as Roger L'Estrange, Elizabeth Cellier, Daniel Defoe, John Gay, and Alexander Pope,The Trouble with Ownershiplooks to the literary culture of early modern England to reveal the intimate relationship between proprietary authorship and authorial liability.
Democracy and the Vote in British Politics, 1848-1867
2011,2016
The Second Reform Act, passed in 1867, created a million new voters, doubling the electorate and propelling the British state into the age of mass politics. It marked the end of a twenty year struggle for the working class vote, in which seven different governments had promised change. Yet the standard works on 1867 are more than forty years old and no study has ever been published of reform in prior decades.
This study provides the first analysis of the subject from 1848 to 1867, ranging from the demise of Chartism to the passage of the Second Reform Act. Recapturing the vibrancy of the issue and its place at the heart of Victorian political culture, it focuses not only on the reform debate itself, but on a whole series of related controversies, including the growth of trade unionism, the impact of the 1848 revolutions and the discussion of French and American democracy.
Communal justice in Shakespeare's England : drama, law, and emotion
by
Geng, Penelope
in
DRAMA
,
English drama -- Early modern and Elizabethan, 1500-1600 -- History and criticism
,
History & Criticism
2021
The sixteenth century was a turning point for both law and drama. Relentless professionalization of the common law set off a cascade of lawyerly self-fashioning – resulting in blunt attacks on lay judgment. English playwrights, including Shakespeare, resisted the forces of legal professionalization by casting legal expertise as a detriment to moral feeling. They celebrated the ability of individuals, guided by conscience and working alongside members of their community, to restore justice. Playwrights used the participatory nature of drama to deepen public understanding of and respect for communal justice. In plays such as King Lear and Macbeth , lay people accomplish the work of magistracy: conscience structures legal judgment, neighbourly care shapes the coroner’s inquest, and communal emotions give meaning to confession and repentance.
An original and deeply sourced study of early modern literature and law, Communal Justice in Shakespeare’s England contributes to a growing body of scholarship devoted to the study of how drama creates and sustains community. Penelope Geng brings together a wealth of imaginative and documentary archives – including plays, sermons, conscience literature, Protestant hagiographies, legal manuals, and medieval and early modern chronicles – proving that literature never simply reacts to legal events but always actively invents legal questions, establishes legal expectations, and shapes legal norms.
The grand experiment : law and legal culture in British settler societies
by
Berger, Benjamin L.
,
Buck, A. R.
,
Osgoode Society for Canadian Legal History
in
Canada
,
Colonies
,
Great Britain
2008,2014
No detailed description available for \"The Grand Experiment\".
Freedom's Debt
2013,2014
In the years following the Glorious Revolution, independent slave traders challenged the charter of the Royal African Company by asserting their natural rights as Britons to trade freely in enslaved Africans. In this comprehensive history of the rise and fall of the RAC, William A. Pettigrew grounds the transatlantic slave trade in politics, not economic forces, analyzing the ideological arguments of the RAC and its opponents in Parliament and in public debate. Ultimately, Pettigrew powerfully reasons that freedom became the rallying cry for those who wished to participate in the slave trade and therefore bolstered the expansion of the largest intercontinental forced migration in history.Unlike previous histories of the RAC, Pettigrew's study pursues the Company's story beyond the trade's complete deregulation in 1712 to its demise in 1752. Opening the trade led to its escalation, which provided a reliable supply of enslaved Africans to the mainland American colonies, thus playing a critical part in entrenching African slavery as the colonies' preferred solution to the American problem of labor supply.
Bound by Our Constitution
1994
What difference does a written constitution make to public policy? How have women workers fared in a nation bound by constitutional principles, compared with those not covered by formal, written guarantees of fair procedure or equitable outcome? To investigate these questions, Vivien Hart traces the evolution of minimum wage policies in the United States and Britain from their common origins in women's politics around 1900 to their divergent outcomes in our day. She argues, contrary to common wisdom, that the advantage has been with the American constitutional system rather than the British.
Basing her analysis on primary research, Hart reconstructs legal strategies and policy decisions that revolved around the recognition of women as workers and the public definition of gender roles. Contrasting seismic shifts and expansion in American minimum wage policy with indifference and eventual abolition in Britain, she challenges preconceptions about the constraints of American constitutionalism versus British flexibility. Though constitutional requirements did block and frustrate women's attempts to gain fair wages, they also, as Hart demonstrates, created a terrain in the United States for principled debate about women, work, and the state--and a momentum for public policy--unparalleled in Britain. Hart's book should be of interest to policy, labor, women's, and legal historians, to political scientists, and to students of gender issues, law, and social policy.
Reading for the Law
by
Krueger, Christine L
in
English literature
,
English literature -- History and criticism
,
English, Irish, Scottish, Welsh
2010
Taking her title from the British term for legal study, \"to read for the law,\" Christine L. Krueger asks how \"reading for the law\" as literary history contributes to the progressive educational purposes of the Law and Literature movement. She argues that a multidisciplinary \"historical narrative jurisprudence\" strengthens narrative legal theorists' claims for the transformative powers of stories by replacing an ahistorical opposition between literature and law with a history of their interdependence, and their embeddedness in print culture. Focusing on gender and feminist advocacy in the long nineteenth century,Reading for the Lawdemonstrates the relevance of literary history to feminist jurisprudence and suggests how literary history might contribute to other forms of \"outsider jurisprudence.\"
Krueger develops this argument across discussions of key jurisprudential concepts: precedent, agency, testimony, and motive. She draws from a wide range of literary, legal, and historical sources, from the early modern period through the Victorian age, as well as from contemporary literary, feminist, and legal theory. Topics considered include the legacy of witchcraft prosecutions, the evolution of the Reasonable Man standard of evidence in lunacy inquiries, the fate of female witnesses andpro selitigants, advocacy for female prisoners and infanticide defendants, and defense strategies for men accused of indecent assault and sodomy. The saliency of the nineteenth-century British literary culture stems in part from its place in a politico-legal tradition that produces the very conditions of narrative legal theorists' aspirations for meaningful social transformation in modern, multicultural democracies.